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Hi, I have joined PWC on contract basis on 1/6/2016 and my employer is SISL who have given me a offer of acceptance letter with no terms and conditions mentioned regarding leave policy,notice period,maternity benefits etc. They keep on renewing their contract with no intimation to me. Currently my contract is valid till Dec'16. Now im 4months pregnant and will be due in Oct'16. Maternity policy for PWC is 6 months paid leave while I dnt know policy of SISL. My question is follows
1. Am I eligible for Maternity benefits if they have only provided me offer letter and not appointment letter
2. Can they terminate my contract during my leave absence after Dec'16
3. Whose leave policy will apply on me. My employer SISL or principle employer PWC.
4. If they terminate me before my leave starts will I still be eligible for benefits.
5. What legal obligations fall upon both employers in such a situation
Thanks for your help

From India, Gurgaon
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Retired Government Servant/advocate
Hr Manager
Project Coordinator
Athena & Bhairav
Legal Consultant

Harsh Kumar Mehta

1. Dear member, I think, it would be better if you may clarify as to what is PWC and SISL. Whether these are public sector units or private organisations/factories.
2. Before joining your duties or even at present also you could have enquired from your employer about your eligibility and entitlement of benefits in various labour laws. I think, without indicating full facts, it is difficult for any member like myself to express any opinion in the matter.

From India, Noida

Since June 1st is not yet come, I assume you joined on January 6th 2016.
So you have worked for more than 80 days in the company and therefore maternity benefit act applies.
You will be eligible for 12 weeks of paid leave, out of which at least 6 weeks needs to be after delivery.
They can no terminate you during pregnancy except for performance issues (Specifically not connected to pregnancy - law allows you to ask for easier work during Pregnancy) or misconduct.
}and yes, they can terminate you after your pregnancy provided the full maternity benefit has been claimed / paid.
The direct employer is liable to provide you with maternity benefits. However, if he does not provide the same, the principal employer PWC is liable to do so.
If you are covered under ESIC, then the ESIC will pay them maternity benefits

From India, Mumbai

These are base on Philippine DOLE Law
1. Am I Eligible For Maternity Benefits If They Have Only Provided Me Offer Letter And Not Appointment Letter
ans: If you qualify subsequent 6-months SSS contribution paid by your employer, prior to the date of report of maternity claims thus, you are eligible. See to it that your SSS contribution are intact.
2. Can They Terminate My Contract During My Leave Absence After Dec'16
ans: Yes they can.
3. Whose Leave Policy Will Apply On Me. My Employer SISL Or Principle Employer PWC.
ans: Your employer. (Employer-Employee Policy)
4. If They Terminate Me Before My Leave Starts Will I Still Be Eligible For Benefits.
ans: Termination before performance may vary on performance failure, while eligibility vary on your contribution.
5. What Legal Obligations Fall Upon Both Employers In Such A Situation
ans: Principal obligation projects your employer only (as service provider) and employer obligation projects to you only (as employer-employee policy).
Thanks For Your Help

From Philippines, Cagayan de Oro

Yes, in the given facts, you are eligible for maternity benefits. The provisions in this regard are welfare measures and hence require to be construed liberally.
From India, Kochi

Govt. has extended maternity leave form 90 days to 180 days.DPE has issued guidelines regarding this.
From India, Pune

No the government has not changed the maternity benefit act. It is just that they have given extra benefits for public sector, voluntarily beyond the requirement of the maternity benefit act. DPE is department of public enterprises. Their circular does not apply to PWC, which is a private enterprise (CA FIRM)
From India, Mumbai
Harsh Kumar Mehta

Sir, online link of the proposals in the Maternity Benefit Act, 1961 as published in the Economic Times is mentioned as follows for kind information of members of this forum: -
Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times

From India, Noida
Athena & Bhairav

Dear Sanjana
Maternity benefits are a right to female employees guaranteed under the law of the land and is not subjected to any policy restriction of any company.
You are eligible for maximum benefits prescribed under the law, whether you are a permanent or a temporary employee.
They cannot terminate any contract of employment during maternity leave.
They cannot legally terminate your contract during an ongoing pregnancy period. But to be on the safe side to communicate to your company via email about your pregnancy and maternity leave.
If SISL doesn't provide you with maternity benefits as prescribed under the law, then PWC will be required to step in and absolve themselves from the liability created upon itself under law of Tort.
Thank you

From India, Ahmedabad

If you put 80 days attendance with your employer (SISL) with in the period of 12 months just before your expected date of delivery.
Your employer is obliged to pay you maternity benefit
Please (section 5 of maternity benefit) at present maternity benefit is 24 weeks

From India, Kolkata
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